Accused Nitesh, charged with rape based on false pretenses of marriage and subsequent threats, sought regular bail. The High Court dismissed the application due to serious allegations and genuine apprehension of witness intimidation.
Bail petition dismissed; accused Nitesh is not entitled to any relief.
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Criminal Misc. No. M-51665 of 2019 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-51665 of 2019 (O&M) Date of decision : December 10, 2019
Nitesh
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Manish Soni, Advocate, for the petitioner
Ms. Trishangali Sharma, AAG, Haryana
Fateh Deep Singh, J. (Oral)
Petitioner Nitesh who is an accused has sought this regular bail application. The present case was got registered by an unmarried girl aged 26 years. In her allegations, the complainant claims that she came in contact with the accused and who showed his inclination and promise to marry the complainant. One and a half years prior to the registration of the case which took place on 6.8.2019, the accused on the pretext of false representation of marriage violated the complainant and subsequently backed out and
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-51665 of 2019 (O&M) -2-
instead threatened and abused the complainant. The complainant has alleged that the accused had during this subsistence of the relationship had taken a loan of Rs 4 lacs from the friend of the complainant for getting married with the complainant. The complainant on demand of the accused had been getting him shopping of various clothes, shoes over a period of time valued between Rs 10 to 12 lacs. When the accused backed out, the present case was got registered.
Learned counsel for the petitioner has sought to argue that the complainant happens to be grown up lady a major and has volunteered into this relationship for which reliance is sought to be placed on Whatsapp messages between the two. It is argued that there is nothing suggestive that the accused petitioner has committed any fraud and even the medical evidence does not support the same.
The learned State counsel has sought to oppose the bail on the grounds that the petitioner might intimidate and influence the witnesses and frustrate a fair trial. It is submitted that in view of the seriousness of the allegations disentitles to any relief.
The stand of the two sides in the light of the records, it is well elicited that the couple was in a relationship. The Whatsapp
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-51665 of 2019 (O&M) -3-
messaging on perusal reflects that how the girl realizing that she has been befooled and undue benefit derived from her including her defilement had reacted. The prima facie allegations reflected that the accused on misrepresentation had defiled the unmarried girl while in a car and had assured her of entering into a wedlock. The medical evidence further corroborates the offence of rape. It is clearly not a case where the accused and the complainant had undergone repeated physical relations and it needs to be distinguished and isolated from the allegations of being a consensual one. In the light of what has come about and the apprehension of the State that if allowed bail, the petitioner might stifle the trial is not unfounded. The petitioner is not entitled to any relief. The bail petition as such is dismissed.
December 10, 2019 'tiwana'
( Fateh Deep Singh ) Judge
Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether bail should be granted to the accused charged with rape on allegations of false representation of marriage.
Nitesh
State of Haryana
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
